Senate OKs bill to let state sue tobacco firms

Steven A. Capps, EXAMINER CAPITOL BUREAU CHIEF

Published 4:00 am, Friday, April 18, 1997

1997-04-18 04:00:00 PDT CALIFORNIA -- SACRAMENTO - If tobacco companies are going to be sued over the illnesses their products cause, than maybe sun bathing should be outlawed in California as well, said one legislator.

Despite that argument by Republican Sen. Pete Knight, a longtime smoker, the state Senate Thursday passed a bill that would allow California to get in line with other states suing tobacco companies.

And even four Republicans voted for it.

The measure by Sen. Quentin Kopp, I-San Francisco, would delete a provision of a 1987 law that protects tobacco companies from product liability lawsuits in California.

Attorney General Dan Lungren has cited the law in refusing to sue tobacco companies. Dozens of other states and cities, including San Francisco, have sued.

Kopp said the current law doesn't prohibit Lungren from suing now, but is carrying the bill to make sure all obstacles are removed.

It was revealed Wednesday that the nation's largest tobacco companies are negotiating with eight states for a possible settlement to their lawsuits.

According to reports from New York, where the negotiations are being held, the settlement could include a fund of about $300 billion to help pay the cost of treatment for smokers over the next 25 years.

California may or may not be included in that settlement.

"As soon as this measure is enacted, I would hope the attorney general would proceed either as an intervener (in the current case) or file a special action," said Kopp, a lawyer.

But, he said, because California is so big with so many potential plaintiffs, "I don't believe there will be any settlement without inclusion of California."

The 1987 state law protected companies from lawsuits if their products were inherently dangerous. Tobacco was specifically mentioned as such a product.

Knight disputed the claim, pointing out that the late George Burns lived to be 100 and smoked cigars. He said the sun is known to cause skin cancer, so California should quit encouraging "scantily clad people to lounge around on beaches."

"There's no question that tobacco is inherently dangerous," he said. "If you do something that you know is going to hurt you, you assume that risk."

Sen. John Burton, D-San Francisco, was among those who pointed out that people injured by second-hand smoke did not make the choice.

Lungren has asked the Legislature to pass a measure that would allow him to sue tobacco companies, although has not specifically endorsed Kopp's measure.

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Democrats think Lungren's failure to file suit could become an issue if, as expected, he runs for governor next year.

"It would just be a wonderful thing if Dan Lungren, instead of dragging his feet, would jump in on this suit," Burton said.&lt;

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